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Subchapter 001: GENERAL PROVISIONS
§ 901. Repealed. 1985, No. 144 (Adj. Sess.), § 163.
§ 902. Will allowed; letters to executor
When a will has been allowed, the Probate Division of the Superior Court shall issue
letters of administration to the person named executor if the person accepts appointment
and gives any required bond. (Amended 1985, No. 144 (Adj. Sess.), § 35; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 903. Administration; to whom granted
If an executor is not named in the will, or if a person dies intestate, appointments
to administer the estate may be made in the following manner:
(1) To the surviving spouse or next of kin, or both, or the person nominated by the surviving
spouse or next of kin.
(2) If the surviving spouse or next of kin or the person nominated by them is unsuitable,
or if the surviving spouse or the next of kin does not within a reasonable period
of time after the death of the person apply for letters of administration or nominate
another person to whom letters of administration may be granted, the court may grant
letters of administration to one or more of the principal creditors, if competent
and willing to serve.
(3) If there is not a creditor who is competent and willing to serve, letters of administration
may be issued to another person appointed by the Probate Division of the Superior
Court in its discretion.
(4) If the appointment is to enable a quiet title action or another action to clear title
to lands, the court may appoint a suitable person as the administrator for that purpose
upon application of the reputed owner of the land formerly owned by the decedent. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 904. Nonresident executor or administrator
(a) In all cases where the principal administration is in this State, the Probate Division
of the Superior Court shall appoint an executor or administrator who is not domiciled
in this State only at the discretion of the court.
(b) Any nonresident estate fiduciary shall forthwith designate in writing a resident of
this State who accepts appointment as the resident agent of the nonresident estate
fiduciary and agrees to accept service of legal process and other communications on
behalf of the executor or administrator. The appointment and acceptance shall be filed
with the court. Service of legal process against the nonresident executor or administrator
may be accomplished by serving the resident agent. (Amended 1959, No. 262, § 30, eff. June 11, 1959; 1985, No. 144 (Adj. Sess.), § 36; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 905. Appeal to the Civil Division of the Superior Court
If any person appeals to the Civil Division of the Superior Court an order appointing
an executor or administrator and the appeal is sustained, the Civil Division of the
Superior Court shall appoint another suitable person as executor or administrator,
and certify the judgment and subsequent appointment to the Probate Division of the
Superior Court. The Probate Division shall set bond and, after the required bond is
filed by the executor or administrator, grant letters of administration. (Amended 1985, No. 144 (Adj. Sess.), § 37; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 906. Bond; amount, conditions
An executor or administrator shall give a bond to secure the executor’s or administrator’s
performance of the executor’s or administrator’s duties. The Probate Division of the
Superior Court shall set the amount of the bond and may order that the bond have sureties.
The bond shall be for the security and benefit of all interested persons, except where
a bond is to be taken to the adverse party, and shall be filed before the court issues
letters of administration. The court shall set the conditions of any bond, which shall
include the following:
(1) to make and return an inventory to the Probate Division of the Superior Court within
60 days as required by law and the rules of the court;
(2) to administer according to law and the decedent’s will, if any, all property comprising
the decedent’s estate, whether in the possession of the executor or administrator
or others for the benefit of the executor or administrator, and discharge all debts,
legacies, and charges;
(3) to render an account of administration to the Probate Division within one year and
at any other time when required by the court;
(4) to pay to the State of Vermont all inheritance and transfer taxes that the person
appointed is required to pay by the provisions of 32 V.S.A. chapters 181 and 183 and
to perform all other duties required by those chapters; and
(5) to perform all orders and decrees of the Probate Division. (Amended 1985, No. 144 (Adj. Sess.), § 38; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 907. Repealed. 2017, No. 195 (Adj. Sess.), § 5.
§ 908. Bonds of joint administrators and executors
When two or more persons are appointed as executors or administrators, the Probate
Division of the Superior Court may take a separate bond from each, with or without
sureties, or a joint bond with or without sureties from any or all. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 909. Executor refusing trust or not giving bond
A person named as an executor in a will who refuses to accept appointment or neglects
for 20 days to give a bond shall not intermeddle or act as executor. If the person
refuses to accept or neglects to give a bond, the Probate Division of the Superior
Court may grant letters of administration to any other named executor who is capable
and willing to accept the appointment and gives bond. If the other named executors
fail to accept the appointment or give a bond, the court shall grant letters of administration
with the will annexed to one or more suitable persons who would have qualified to
be appointed as administrator had the testator died intestate. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 910. When executor is a minor
When a person named as executor in a will is under age at the time of proving the
will, issuance of letters of administration may be granted to another executor named
in the will, who accepts appointment and gives the required bond, or to another suitable
person if he or she fails to accept appointment or to post bond. A minor who attains
the age of legal majority during the estate administration shall not displace the
incumbent executor or administrator, but if a vacancy occurs during administration,
the former minor may apply to the court for appointment as successor executor or administrator. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§§ 911, 912. Repealed. 2017, No. 195 (Adj. Sess.), § 5.
§ 913. Death or removal of executor or administrator
When an executor or administrator dies, resigns, is removed or the executor’s or administrator’s
authority is otherwise extinguished, any remaining executor or administrator may complete
the administration unless otherwise provided by the will. If there is no other executor
or administrator then serving, the court may grant letters of administration to another
suitable person. The executor or administrator of an executor or administrator shall
not administer the estate of the first decedent. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 914. Power of new administrator
An administrator appointed in the place of a former executor or administrator shall
have the same authority in settling the estate as the former executor or administrator,
including the authority to prosecute or defend actions commenced by or against the
former executor or administrator, and the new administrator may revive actions and
have execution on judgments recovered in the name of the former executor or administrator
on behalf of the estate. (Amended 1971, No. 185 (Adj. Sess.), § 171, eff. March 29, 1972; 2017, No. 195 (Adj. Sess.), § 5.)
§ 915. Appointment of administrator to act with survivor
When an executor or administrator dies, resigns, is removed or authority is otherwise
extinguished, leaving a remaining executor or administrator, administration may be
granted to some suitable person, to serve with the remaining executor or administrator,
upon motion of any person interested in the estate of the deceased. (Amended 1985, No. 144 (Adj. Sess.), § 40; 2017, No. 195 (Adj. Sess.), § 5.)
§ 916. Powers of administrator appointed to act with survivor
An executor or administrator appointed under section 915 of this title shall have the same authority as the remaining executor or administrator and may
prosecute or defend actions commenced by or against the former executor or administrator
and may revive actions and have execution on judgments recovered in the name of the
former executor or administrator on behalf of the estate. (Amended 1971, No. 185 (Adj. Sess.), § 172, eff. March 29, 1972; 2017, No. 195 (Adj. Sess.), § 5.)
§ 917. Power of regulation
The Probate Division of the Superior Court shall regulate the conduct of persons appearing
in proceedings or involved in the administration of estates or other matters within
the court’s jurisdiction. When it appears to the court that a person has failed to
comply with procedures required by law or the Rules of Probate Procedure, or that
an estate is not being promptly and properly administered, or that a fiduciary is
incapable or unsuitable to discharge the trust, the court may give notice of the complaint
or omission together with a notice to correct the deficiency or complaint within a
specified period of time or cause the party to appear and answer the matter. Notice
shall be given as provided by the Rules of Probate Procedure. The court may restrain
a person from performing specified acts or the exercise of any powers or discharge
of any duties of office, or make any other order to secure proper performance of duty.
It may exercise the powers of contempt; tax costs, including surcharge; order a party
to pay to other parties the amount of reasonable expenses, including reasonable attorney’s
fees, or losses incurred because of an act or omission; and remove or suspend a fiduciary. (Amended 1985, No. 144 (Adj. Sess.), § 41; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 917a. Termination of appointment
(a) Termination of appointment of an executor or administrator ends the rights and powers
pertaining to the office as conferred by law, the Rules of Probate Procedure, or any
will or trust. Termination does not discharge an executor or administrator from liability
for transactions or omissions occurring before termination, or relieve the executor
or administrator of the duty to preserve assets subject to the executor’s or administrator’s
control, or to account for and deliver assets. Termination does not affect the jurisdiction
of the Probate Division of the Superior Court over the fiduciary, but terminates the
estate fiduciary’s authority.
(b) The appointment of an executor or administrator is terminated:
(1) upon death;
(2) when the estate is closed as provided by the Rules of Probate Procedure;
(3) after resignation upon the appointment of a successor estate fiduciary and delivery
of the assets to the successor; or
(4) upon removal by the Probate Division of the Superior Court. (Added 1985, No. 144 (Adj. Sess.), § 42; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 918. One of the coexecutors disqualified, others may act
When coexecutors appointed in a will cannot act as such, those who can act may be
appointed to administer the estate. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 919. Persons unheard from for five years; settlement of estate
When a person is absent and unheard from for five years or when a certificate of presumed
death of a person has been issued under 18 V.S.A. § 5219, that person’s estate shall be subject to administration by the Probate Division
of the Superior Court. If a will exists, the will shall be presented to the court
and may be allowed and the estate closed thereunder. If no will is found, the court
having jurisdiction of the estate may grant letters of administration thereof and
proceed with the estate as in the settlement of intestate estates. Distribution of
the estate shall not be made until five years after the granting of administration
or letters testamentary. Before granting an order for distribution or for payment
of legacies named in any will that may have been allowed, the court shall require
from the legatees or distributees a bond or bonds with sufficient surety to the court,
which may take into account the likelihood of the reappearance of the person presumed
deceased, conditioned to return the amount distributed or paid with lawful interest
thereon to the person so absent and unheard from upon reappearance and demand for
the same. If the distributee or legatee is unable to give the security required by
this section, the same shall be placed at interest upon security approved by the court
or by the executor or administrator, as the case may be, and the interest shall be
paid annually to the distributee or legatee and the estate shall remain at interest
until the Probate Division of the Superior Court by which the letters of administration
or letters testamentary were granted shall order it paid to the legatees or distributees.
Upon motion, an order shall not be made permitting payment or distribution without
the security required by this section until at least seven years have elapsed since
the granting of letters testamentary or of administration on the estate of the supposed
decedent. (Amended 1985, No. 144 (Adj. Sess.), § 43; 1989, No. 236 (Adj. Sess.), § 2, eff. June 4, 1990; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 920. Liability of executor; rights on return
After the administration and distribution, the executor or administrator shall not
be liable to the person so absent and unheard from in any action for the recovery
of the estate. If the absent person proves to be alive, he or she shall be entitled
to his or her estate notwithstanding a settlement and distribution made pursuant to
section 919 of this title, and may bring an action to recover any portion of the estate that anyone received
as a result of the settlement and distribution. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 921. Property of persons serving in armed force — Absent persons, conservator
When a person, hereinafter referred to as an absentee, who is serving in or with the
U.S. Armed Forces, its allies, or as a crew member of a merchant vessel, has been
reported or listed as missing, missing in action, interned, or beleaguered, besieged,
or captured by an enemy, and has an interest in any property in this State and has
not provided an adequate power of attorney authorizing another to act on the absentee’s
behalf in regard to the absentee’s property, the Probate Division of the Superior
Court may appoint a conservator to take charge of the absentee’s estate under the
supervision and subject to the further orders of the court. The appointment may be
made upon a petition alleging the foregoing facts, showing the necessity of providing
for the care of property, and may be brought by any person who would have an interest
in the property if the absentee were deceased, or on the court’s own motion. The court
shall schedule a hearing and notice shall be given as provided by the Rules of Probate
Procedure. (Amended 1985, No. 144 (Adj. Sess.), § 44; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 922. Powers of conservator; bond
The Probate Division of the Superior Court shall have full discretionary authority
to appoint any suitable person as conservator and may require the conservator to post
an adequate surety bond and to make reports the court may deem necessary. The conservator
shall have the same powers and authority as the guardian of the property of a minor
or incapacitated person. (Amended 1985, No. 144 (Adj. Sess.), § 45; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 923. Termination of conservatorship
At any time upon motion signed by the absentee, or of an attorney-in-fact acting under
an adequate power of attorney granted by the absentee, the Probate Division of the
Superior Court shall direct the termination of the conservatorship and the transfer
of all property held thereunder to the absentee or to the designated attorney-in-fact.
Likewise, if at any time subsequent to the appointment of a conservator it shall appear
that the absentee has died and an executor or administrator has been appointed for
the absentee’s estate, the court shall direct the termination of the conservatorship,
an accounting therein, and the transfer of all property of the deceased absentee held
thereunder to the executor or administrator. (Amended 1985, No. 144 (Adj. Sess.), § 46; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 924. Revocation of letters of administration—When will discovered
When, after granting letters of administration of the estate of a person as if dying
intestate, a will of the deceased person is allowed, the letters of administration
shall be revoked and the powers of the administrator cease, the letters of administration
shall be surrendered, and an accounting shall be filed as the Probate Division of
the Superior Court directs. (Amended 1985, No. 144 (Adj. Sess.), § 47; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 925. Powers of executor of discovered will
In such case, the executor of the will may demand, sue for, and collect the goods,
chattels, rights, and credits of the deceased remaining unadministered, and may prosecute
to final judgment actions commenced by the administrator before the revocation of
his or her letters of administration. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 926. Revocation of letters not to avoid acts under them
Before the revocation of his or her letters testamentary or of administration, the
acts of an executor or administrator shall be valid the same as if revocation had
not been made. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 927. Executor or administrator of deceased partner—access to books
The executor or administrator of a deceased partner at all times shall have access
to and make examination and take copies of the books and papers relating to the partnership
business, and at all times shall have the right to examine and make invoices of the
property belonging to the partnership. The surviving partner or partners, on request,
shall exhibit to him or her all the books, papers, and property in their hands or
control. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 928. Probate Division of the Superior Court may compel compliance
The Probate Division of the Superior Court in which is pending a proceeding for the
settlement of the estate of a deceased partner, on motion of the executor or administrator,
may cite a surviving partner or partners before it, and, by a proper order or decree,
compel the granting of the rights given in section 927 of this title and may enforce an order or decree by issuing its warrant to commit the partner or
partners to the custody of the Commissioner of Corrections until compliance is given. (Amended 1985, No. 144 (Adj. Sess.), § 48; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 929. Buildings to be kept in repair
An executor or administrator shall maintain in tenantable repair the houses, buildings,
and fences belonging to the estate and deliver the same in such repair to the heirs
or devisees when directed by the Probate Division of the Superior Court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
§ 930. Estate not willed
An executor shall administer the estate of the testator not disposed of by will.
§ 931. Limitations on claims of creditors
All claims against the decedent’s estate that arose before the death of the decedent,
including claims of the State and any subdivision thereof except claims filed by the
State on behalf of Vermont Medicaid, absolute or contingent, liquidated or unliquidated,
founded on contract, tort, or other legal basis, if not barred earlier by other statute
of limitations, are barred against the estate, the legal representative of the estate,
and the heirs and devisees of the decedent, unless presented within one year after
the decedent’s death. Nothing in this section affects or prevents any proceeding to
enforce any mortgage, pledge, or other lien upon the property of the estate. Claims
filed by the State on behalf of Vermont Medicaid must be filed in accordance with
subsection 1203(d) of this title. (Added 1973, No. 228 (Adj. Sess.), § 1, eff. April 3, 1974; amended 1985, No. 144 (Adj. Sess.), § 49; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5; 2023, No. 113 (Adj. Sess.), § E.307, eff. July 1, 2024.)